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pappu

12-06 10:25 PM

In order to get EB1 visa via L1 visa route I believe you need to be on L1 at present and also hold a senior manager level position in your multinational company and command good salary. If you want to try for EB1 proving yourself to be extraordinary, then you need to satisfy at least 3 criterias mentioned in another post on this thread. This kind of EB1 catagory is very tough and unless you can really prove that you are a genious and extraordinary, its not worth spending money.

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raysaikat

01-22 10:39 PM

Thks for your prompt response snathan, but I've been getting paystub from my new employer Company B (so far I've got 2 paystubs) so in this case I can't possibly getting Pay Stubs from both Company A & B right?

The act suggested in the post above is illegal.

Your work with Company B is also illegal. You cannot start working for a different company until you have the H1-B petition submission receipt.

Your simplest and recommended course of action is to go out of the country and come back again. This will cause you least grief. But as you know, that course of action does entail the risk that your visa application could be denied.

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ArkBird

06-26 10:42 PM

If possible, try to get hospital record of live birth. Though it is not birth certificate, it may be used as secondary evidence.

I am thinking to get the AFFEDEVITS of my wife from her FATHER and MOTHER stating the inforation of my her BIRTH.

My wife was born in XYZ city but now her parents reside in ABC city. My question is will it be OK if her parents get the AFFEDEVIT from ABC city stating that she was born on XXX in XYZ city or does the AFFEDEVIT has to be made from XYZ city only.

I just thought of this and wasnt sure if its ok or not. Can any one please clarrify?

Thanks in advance. !!!!

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digmetalq

08-21 04:27 AM

Democracy gives votes for the citizens. You aren't even close to being one to even speak up. You are still an Alien. If you don't like it, feel free to be a citizen of the country that you are from.

Just because you pay tax, no one is answerable from the government to you, forget an apology. Taxation has got nothing to do with your right to vote. Right to vote is what is important in a democracy so that if the majority of the people don't like what is happening, they can make the change happen by their vote when the time comes.

Apology from USCIS???? For what? USCIS is just an agency. They do not even make the laws. They just process the applications as per the law.

You are right about we are Aliens, you are right that we are not citizens of US and thus have no right to vote. You know why politicians ignore us, they know by the time we get our GC and then our Citizenship we all will be long dead.

There is one way in which this service might be making money. Every time you make a call, your phone company has to give a small amount of money to the receiving party's phone company. Freecall2india might have an understanding with their telephone service provider to give them a portion of this money. There are plenty of companies that provide free conference call facilities and they use this business model and have been viable for quite a while.

Given that a call to India is costlier than providing a conference call facility, will FreeCall2India make enough money from this business model? That is the million dollar question.

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acecupid

09-06 08:33 PM

Read something interesting on TOI..

NRIs treated as Not Required Indians! - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/NRIs-treated-as-Not-Required-Indians/articleshow/4979439.cms)

Indubhai Amin, a non-resident Indian (NRI) settled in the UK earns interest income of Rs 3 lakh on his non-resident ordinary account bank deposit in India in the current FY 2009-10. Enjoying his personal exemption limit of Rs 1.60 lakh and the eligible deduction of Rs 1 lakh u/s 80C, Amin is comfortable paying income tax of Rs 4,000 in the first slab of 10 per cent on his effective taxable income of Rs 40,000.

Flat tax of 20% and 30%

A huge shock awaits Amin and millions of NRIs, in regard to taxation of their interest and investment income and capital gains earned in India, proposed to be treated under the draft Direct Tax Code as "income from special sources."

In 2011-12, on the same interest income of Rs 3 lakh, Amin will be required to pay a hefty tax of Rs 60,000 at the flat rate of 20 per cent, without being eligible to claim any basic exemption or other deduction, as provided under rule three of the First Schedule to the Code.

Moreover, all capital gains earned by a non-resident will attract a flat tax of 30 per cent, irrespective of the amount of capital gains. While a resident Indian will be required to pay tax of Rs 3.84 lakh on his taxable income of Rs 25 lakh, an NRI earning equivalent capital gains will be called upon to pay almost double tax of Rs 7.5 lakh.

Hair-raising drafting

New section 13 (2) provides that such �special income� shall be computed in accordance with the provisions of the Ninth Schedule, the drafting of which is literally hair-raising. It provides that the amount of accrual or receipt shall be computed as the taxable income, and no loss, allowance or deduction shall be allowed, as the same shall be presumed to have been granted. The only exception in this regard, in respect of capital gains arising from the transfer of equity shares or units of equity oriented mutual fund chargeable to STT, is quite amusing, as it stands redundant in view of the proposal to abolish STT (a classic instance of incoherent drafting).

The draftsman does not seem to have realized the harsh implications. It means that if an NRI sells a capital asset purchased for Rs 10 lakh at Rs 30 lakh, he will be required to pay tax of Rs 9 lakh at 30 per cent on the gross sale consideration of Rs 30 lakh without any deduction even for the cost of acquisition of Rs 10 lakh (not to mention any benefit of indexation on the same).

Determination of residential status

The residential status of an individual under the Code is proposed to be determined as per the current norms. However, the status of "not ordinarily resident" (NOR) is proposed to be eliminated. Despite the above, Clause 24 of the Sixth Schedule has still provided for exemption in respect of interest earned on foreign currency deposits in the case of NOR. Poor drafting indeed!

The Code has proposed to retain the current exemptions availed by a non-resident in case of interest earned on NRE and FCNR deposits with banks.

Special exemption for returning NRIs

A useful exemption has been provided in case of income earned outside India, if it is not derived from a business controlled from India, in the financial year in which the returning NRI becomes an Indian resident and the immediately succeeding financial year. However, the benefit of the said exemption would be available, only if such individual was a non-resident for nine years immediately preceding the financial year in which he becomes a resident.

Wealth-tax liability for NRIs

Proposed Section 102 of the Code provides for wealth tax liability in the case of the value of all global assets of an individual or HUF. However, an exemption has been provided in case of the value of assets located outside India in case of an individual who is not a citizen of India or an individual or HUF not resident in India. Hence, while returning NRIs who are non-citizens will enjoy wealth-tax exemption for their overseas assets, NRIs with Indian citizenship becoming residents will attract wealth-tax liability on such assets held abroad.

Illogical exemption under wealth-tax

Talking about wealth tax, the Code prescribes an exemption in respect of any house or plot of land belonging to an individual or HUF, if it is acquired before April 1, 2000. It is difficult to understand the logic as to why this exemption has been denied in all cases where such immovable property is acquired after March 31, 2000!

Proposals That Will Hurt the Global Indian Sentiment

Flat Rate of Tax

20% flat tax on interest & other investment income 30% flat tax on all capital gains Apart from 20% & 30% TDS on above, TDS at a baffling rate of 35% prescribed on all residual income

No Personal Exemption

No personal exemption or deduction allowed in computing the above income treated as �income from special sources�.

Weird Interpretation

Poor drafting leads to such a weird interpretation that transfer of a capital asset may attract 30% tax on gross sale consideration.

What Discrimination!

Ironical but true! Non-Indian sportspersons, say Ricky Ponting or Shoaib Akhtar, required to pay a concessional tax of 10% on their game, advertisement and column earnings in India, thus enjoying a more privileged tax status than our own sons of the soil living abroad.

I'm on a H1B status and was initially working for Company A, with an approved Visa. I joined Company B and initiated a H1 transfer to them. I am on their pay role, however am on bench since i joined them. Its been 5 months and my visa transfer with Company B is still in Pending. Now, I have an offer from Company C, and am thinking about joining them.

Meanwhile, since Company B has not been able to find work, they have indicated a termination of my employment if i'm not placed in the project by end of this month. I think i have no other optiion but to join Company C before my visa with Company B is cancelled. I have been advised to go for a premium processing of H1 to Company C, so that by the time i'm out of Company B, i have a good chance of having approved visa from Company C.

1. Is it legal to transfer my Visa to Company C while my Visa with Company B is still in progress. Note that I have worked with Company B for about 5 months.

2. Can I use approval notice from Company A and pay stubs from Company B to initiate premium transfer with Company C ?

3. If i initiate a transfer with Company C, and later Company B terminates my employment, what will happen to my pending visa with Company C?

4. Will H1 transfer with Company C get affected if USCIS gets to know that my pending transfer with Company B has been cancelled?

5. Will it make any difference if I resign from Company B (after initiating transfer with Company C), before Company B terminates my employment.? Are termination and resignation cases treated in the same way by USCIS ?

Please help, as i'm in a bit of a crisis about what decision to take. Any kind on response for the above would be appreciated.

I assume you are on B's payroll and B is paying you with pay stub since you joined them though you are bench. If this is true -

Provide company C with your A approval notice (and any other prior approval notices, if required) and B's H1 transfer receipt notice along with the B's paystub. Apply for premium processing ASAP - Most importantly do not resign until you join Company C.

IV is a public forum and recently its under the radar from various different organizations. So please do not use profanity in your language. You never know how it might come back and bite us. Please...please...please...

Yes you are correct. we should never lose our professionalism. no matter how worse it becomes, we should not lose our sight unless we reach our goal.

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meridiani.planum

12-13 06:26 PM

you are a sheer genius (or should I say genie-ASS).

Yesterday you posted a link from Murthys website: http://immigrationvoice.org/forum/showthread.php?t=16081 got beatings for that. Went away for a while. Now you come back with a posting from Mathhew Oh's website. In neither case you posted a link to where you go the information from (also removed the copyright notice that Murthy puts up on all her postings), act as if its some "breaking news" when we have all read it ages ago, and are barely recovering from the hangover. You are probably expecting flowers, but will receive brickbats. Again.

What I am looking for is how do they physically transfer the application? I am afraid of dealing with another incompetent organization such as USPS. Also, what type of processing delays should I expect?

How recent were the guidelines that I-485 be sent to the same center as I-140? Were these guidelines applicable on July 2nd.

I do not know about the guidelines but these FAQs were released a few days ago(definitely after July 2nd).

Your question about how do they physically transfer applications is just very stupid. Just think about it. Your lawyer made a mistake and you want to blame USPS or USCIS for it? Nobody can tell you for sure their method of transferring applications. I dont think you have any other option but to wait.

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vxb2004

07-26 07:18 PM

You can get EAD even if your I-140 is pending.Correct me if I am wrong.

In my case, one namecheck is cleared by IO, which I presume includes both electronic and manual namechecks, in case if the electronic one shows something on the radar. However what I am unable to understand why the second namecheck, when all the steps were done to clear the first namecheck

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rb_248

03-28 08:37 AM

I think it will stay where it is now for this quarter.....just my guess. Then for the last quarter, we may see some advancement.....again this is my guess.

What I have heard from others having the same issue is that they would put your given name as the last name (as it is the index in their db) and put the "FNU" (First Name Unknown) under the first name. I know, this is ridiculous as you have a first name ! Hope they have something like a "LNU" as well

You meant to say NA for "not applicable" right? Others may not interpret Name followed by NA in the same way. This part of the world NA also stands for "North America" :)

This might cause issues in long run especially when you apply for GC or even extention of visa as the Name in the passport will not match the visa or even your records from school and university.

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misha

07-21 01:10 PM

Are you sure about Advance Parole stamp in a passport. I know about Green Card approval stamp in a passport but not AP. Have you ever had that AP stamp experience?

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acecupid

08-23 04:33 PM

Receipts received on Aug 21, for I-485, I-131 and I-765 for application sent on July 16th :D

snathan

02-19 05:01 PM

hi, Congrats on your marriage. If you are a U.S. Citizen and Husband entered the U.S. in a legal fashion (with a visa or any other LEGAL way) and can prove this, and if he has never been deported, or deported in absentia and has never committed a crime that would cause him inadmissible to the U.S, then you, the petitioner would file form I-130 for husband and at the same time he would file form I-485 to adjust status to a U.S. Permanent Resident. Both petitions would go together in one envelope to one location. Alternatively, you can file form I-130, wait for its approval, and once approved, your husband would need to file form I-485 to adjust status. I hope this clarifies a little bit? Good Luck. Once again, if your husband has no criminal history and he entered U.S. legally, this is a straightforward case, assuming you can show the necessary income. Both form instructions explain how to do it and how to submit the applications.

Unfortunately her husband is an undocumented alien. He is not in legal status. So the case is not straight forward one.

arihant

03-14 04:43 PM

http://www.germany.info/relaunch/info/consular_services/visa/transit.html after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold

do not need an airport transit visa

I presume the above is what you are referring to. My wife (on H4) and I (on H1B) are planning to fly to India later this year on Lufthansa. Both of our Visas have expired although we hold valid H extension approval notices. Will we need transit visas or will the above rule apply? Any body with experience of similar situation?